Non-Residential Burglary

Legal Definition

A person commits non-residential burglary by unlawfully entering or remaining in any structure, vehicle, or other place — other than an occupied dwelling — with the intent to commit a felony or theft therein. The structure may include commercial buildings, storage units, garages, unoccupied homes, or vehicles. Entry without permission and with criminal intent is the core of the offense.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole (typically one year for fourth degree felonies) follows release. If the burglary involves a dwelling that is not occupied at the time, or if aggravating factors such as possession of a deadly weapon or explosives are present, the offense may be elevated to third degree burglary under § 30-16-4 NMSA.

Property-Crime Cases in Doña Ana County

Property charges in New Mexico scale with dollar value and circumstances. The same shoplifting conduct can be a petty misdemeanor or a felony depending on the value of what was taken, and burglary escalates sharply when the structure is a home or someone is inside. That is why our charge database lists several versions of larceny and burglary with different classifications.

Property cases also drive a large share of repeat bookings: failure to appear on an older larceny case frequently brings someone back into the detention center on a bench warrant alongside any new charge.

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